Chapter 1501:41-1 General Provisions

Public notice of hearing to be conducted by the division of
parks and recreation shall be advertised in the register of Ohio at least
thirty days, but not more than forty days, prior to the hearing. In addition to
public notice given in the register of Ohio, the division may give whatever
other notice it reasonably considers necessary to ensure notice constructively
is given to all persons who are subject to or affected by the proposed rule,
amendment or rescission. The notice shall include: a statement of the
division's intention to consider adopting, amending, or rescinding a rule; a
synopsis of the proposed rule, amendment, or rule to be rescinded, or a general
statement of the subject matter to which the proposed rule, amendment, or
rescission relates; a statement of the reason or purpose for adopting,
amending, or rescinding the rule; and the date, time, and place of a hearing on
said proposed action. The notice shall also state the place from which copies
of the proposed rule, amendment, or rule to be rescinded may be obtained.

(C)
Any term in the
masculine shall include the feminine and the neuter;

(D)
No provision hereof shall make unlawful
any act necessarily performed by any officer or employee of the Department of
Natural Resources in line of duty or work as such, or by any person, his agents
or employees, in the proper and necessary execution of the terms of any
agreement with the Division or Department of Natural Resources;

(E)
If any part, section, subdivision,
paragraph or provision of these Rules shall be determined to be invalid, such
determination shall apply to the particular part, section, subdivision,
paragraph or provision, and all other provisions of these Rules shall remain
valid and in effect.

(A)
The rules of the division of parks and recreation, Ohio department of natural
resources, shall be effective under, upon, and in the airspace above all lands
and waters that are presently under the jurisdiction, supervision, custody or
control and which are administered as state parks by the division of parks and
recreation.

(B)
The following areas
are presently maintained, supervised, operated, protected and administered by
the division as state parks and are delineated by deed, lease easement,
contract, agreement or journalization by the director of natural resources.

Whenever used in any division of parks and recreation rules the
following terms, unless
otherwise therein expressly defined, shall mean and include
the following:

(A)
"Air propelled powercraft" means any
powercraft propelled by machinery which produces a current of air for the
purpose of locomotion and direction control on water or marsh areas.

(B)
"Airfoil" means
a device designed to provide lift. For the purposes of this division, an
airfoil includes any device designed to be towed behind a vessel or vehicle
that allows a person or persons to be lifted into the air.

(C)
"All purpose vehicle" as used in these rules shall have the same meaning as set
forth in section 4519.01 of the Revised
Code.

(D)
"Area manager" means a person designated by the
chief of the division to be responsible for the supervision, operation,
protection and maintenance of an area of land or water under the administration
of the division.

(E)
"Beach," "bathing beach," or "bathing area" means
any area designated by the division as such, including the actual sand beach,
if any, and the adjoining land area as well as the adjacent waters used for
bathing, swimming and wading.

(G)
"Camping" means utilization of any piece of
equipment for sleeping in or upon, including, but not limited to, a sleeping
bag, hammock, station wagon, car, van, motor home, bus, trailer, tent, tarp,
truck, house vehicle, pickup camper, or watercraft, for the purpose of
occupying a portion of state land or water for transient and temporary outdoor
living.

(H)
"Chief" or "chief of the division"
means
the chief of the division of parks and recreation, department of natural
resources, state of Ohio.

(I)
"Closed
zone" means any water area wherein the presence or operation of all watercraft
is prohibited, and is marked as provided in section
1547.08 of the Revised
Code.

(J)
"Danger zone" means that
water area wherein are located navigation hazards requiring reduced operating
speeds.

(K)
"Department" means the
state of Ohio, department of natural resources.

(L)
"Designated areas" means any location,
place,
site,
region, facility,
zone, or
space
identified by the chief. Information about these areas is on record and
available to the public at the "Office of the Chief, Fountain Square, Building
C, Columbus, Ohio 43229-6693," Monday through Friday, between the hours
of eight a.m. and five p.m.

(M)
"Director" means the director of the department of natural resources, state of
Ohio.

(N)
"Division" means the
state of Ohio, department of natural resources, division of parks and
recreation.

(O)
"Dock" means
any structure
a part of which is over or on the water of the
division which may be used for the moorage of watercraft.

(P)
"Field trial" means the using or working
of hunting dogs that are being tested or judged in their field performance by
persons other than the owner.

(Q)
"Guest dock" means dock space or tie-up space rented for a
period of twenty-four hours or any part thereof. Any dock space or tie-up space
not being rented on a seasonal basis may be designated by the chief of the
division as a guest dock.

(R)
"In
season" means the period April first through October thirty-first
annually.

(S)
"Horsepower" means
the horsepower rating published by the manufacturer for the power unit
involved.

(T)
"Ice boat" means any
contrivance used or designed to skim over frozen bodies of water and which is
driven along by sail, propeller, motor, or jet engine.

(U)
"Lock" means the lock walls, chamber,
gates and the adjoining areas in the immediate vicinity of any enclosed part of
a canal, river, stream, or other waterway, equipped with gates so that the
level of the water in the chamber can be changed to raise or lower boats from
one level to another.

(V)
"Nature
trail" is any trail in any area administered by the division that is so
designated and so marked at a point on the trail.

(W)
"No motor zone" means any water area
wherein the operation of powercraft is prohibited. No motor zone buoys shall be
lettered "No Motors."

(X)
"Open zone" means any water area whereon watercraft activities may take place
which are not specifically restricted by either the Revised Code or
Administrative Code of either the division of watercraft or the division of
parks and recreation.

(Y)
"Operator" means
any person who operates or is in actual physical control of a vehicle which
includes, but is not limited to, a snowmobile or all purpose vehicle, motor
vehicle, bicycle, or watercraft.

(1)
"Youth group" means an assemblage of juveniles occupying any area administered
by the division as an organized group under the supervision of one or more
adult leaders responsible for the conduct and activities of the
juveniles.

(2)
"Adult group" means
an assemblage of adults occupying any area administered by the division as a
club, organization, or fraternal association.

(AA)
"Owner" includes any person, firm, association, partnership, or corporation, owning, leasing, operating, or
having the exclusive use of a vehicle, watercraft, animal, or any other
property under a lease or otherwise, or any of the above who claims lawful
possession by virtue of legal title or equitable interest therein which
entitles him to such possession.

(BB)
"Parking area"
means any designated part of any park road, drive, dock, metered dock space, or
special area , set apart
for the standing or stationing of any vehicles or watercraft and marked as
such.

(CC)
"Person" includes any individual, firm,
partnership, corporation, company, association, or body politic, or any
combination of individuals, except the United States and the state of Ohio, and
includes any agent, trustee, executor, receiver, assignee, or other
representative thereof.

(DD)
"Powercraft" has the same meaning as found in section
1547.01 of the Revised
Code.

(EE)
"Primitive
weapons" means weapons that are single-shot, muzzleloading rifles, thirty-eight
caliber or larger; or muzzleloading shotguns using single ball; or longbow and
arrow; or a crossbow having a working safety and a stock more than twenty-five
inches in length.

(FF)
"Shore zone"
means that water area of a uniform width of three hundred feet lying parallel
with and contiguous to the shoreline, except that as it pertains to and
describes lake White, Salt Fork lake, lake Loramie, Dillon lake, and Delaware
lake, "shore zone" shall mean that water of a uniform width of one hundred feet
lying parallel with and contiguous to the shoreline.

(GG)
"Ski zone" means any water area whereon
water skiing or towed surfboard riding is permitted within the buoys so placed
to designate the zone. Ski zone buoys shall be lettered "Ski Zone."

(HH)
"Snowmobile" as used in these rules
shall have the same meaning as set forth in section
4519.01 of the Revised
Code.

(II)
"Special water ski zone"
means a ski zone designated for public use and wherein equipment or facilities
for trick skiing may be placed or acrobatic skiing by more than one person
acting together may be performed.

(JJ)
"Speed zone" means any water area
wherein powercraft may be operated at such speed as is
reasonable, having due regard to traffic, surface and any hazardous conditions
then existing. Speed zone buoys shall be lettered "Speed Zone."

(KK)
"State trail" means any trail acquired
by the director under Chapter 1519. of the Revised Code and any other trail on
lands or waters administered by the division that the director designates as a
"state trail" by entry in his journal.

(MM)
"Water"
and "water area" means any and all bodies of water in a liquid or frozen
condition which are administered by the division.

(NN)
"Watercraft" means any contrivance used
or designed for navigation on water, including, but not limited to, any vessel,
boat, sailboard, motor vessel, steam vessel, vessel operated by machinery
either permanently or temporarily affixed, scow, tugboat or any marine
equipment which is capable of carrying passengers, excepting ferries as
referred to in Chapter 4583. of the Revised Code.

(OO)
"Winter season" means the period from
November first to March thirty-first annually.